Sajan Singh Alias Commando v. State Of Punjab

 

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 #  Khalra, District Tarn Taran 363, 366-A, 120-B, 376-D, 511 of Indian Penal Code, 1860 (for short 'IPC') and Sections 8 and 18 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO') and Sections 366 and 343 of IPC (added later on) 0


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-  alleging therein that the victim 'S'  
-  who was his 14-15 years old niece had gone missing from her house on the night of 08.11.2020. He

 suspected that she had been enticed away by accused Ranjit Singh @ Rana in connivance with his friend Sajan Singh @ Commando-petitioner with an intent to perform marriage with the accused Ranjeet Singh. On the basis of his statement, initially a case under Sections 363, 366-A of IPC was registered. Investigation proceedings were initiated. During investigation, the petitioner was arrested on 11.11.2020. He was interrogated and suffered disclosure statement admitting his involvement in the kidnapping of the victim and got recovered the motorcycle used at the time of commission of subject offences. However, when he was being produced before the Court of Illaqa Magistrate, he escaped from the custody of the police and a separate case bearing FIR No. 261 dated 11.11.2020 was registered against him under Section 223 and 224 of IPC.

3.

The victim was recovered on 09.11.2020. She was medically examined. Her statement under Section 164 of Cr.P.C. was recorded wherein, she stated that on 08.11.2020, the accused Ramni Mota, Rana and the present petitioner had forcibly taken her outside on their motorcycle. She had been extended threats on the way and was told that she would be sold by them for a sum of
3,00,000/-. They tried to commit rape upon her but could not succeed as she did not let that happen. On the next day, her maternal uncle had reached at the place where she was confined and had taken her back. Offences under Sections 376-D read with Section 511 of IPC and 120-B of IPC and Sections 8 and 18 of POCSO Act were added. The accused Baljeet Kaur @ Pinki was arrested on 20.11.2020. Offences under Sections 366 and 342 were also added. !
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# #3 8.

The petitioner alongwith co-accused is alleged to have kidnapped the minor victim out of lawful guardianship of her parents and is further alleged to have made an attempt to commit rape upon the victim alongwith the co-accused. He is also alleged to have abetted the co-accused to commit the offences of kidnapping/abduction of the prosecutrix as well as committing rape upon her. He was named in the FIR. The allegations against the petitioner are serious in nature. In her statement recorded under Section 164 of Cr.P.C. as well as before the learned trial Court, the victim is shown to have not only taken his name but is also shown to have attributed specific overt act of kidnapping/abducting her by the petitioner alongwith coaccused. She also alleged that the petitioner alongwith co-accused tried to commit rape upon her. Keeping in view the gravity of offences, alleged to

5 have been committed by the petitioner and fact that he had absconded earlier also, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petition does not deserve to be allowed at this stage. Hence, the same is dismissed.

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